Document Content

CIRCULAR

Guiding the implementation of a number of articles of the government’s Decree No 68/2002/ND-CP dated july10,2002 which details the implementation of a number of articles of the law on marriage and family on marriage and family relations involving foreign elements

Pursuant to the Government's Decree No. 68/2002/ND-CP dated July 10, 2002 detailing the implementation of a number of articles of the Law on Marriage and Family on marriage and family relations involving foreign elements;

Pursuant to the Government's Decree No. 38/CP dated June 4, 1993 on the functions, tasks, powers and organizations of the Ministry of Justice;

After consulting and reaching agreement with the Ministry of Public Security, the Ministry of Foreign Affairs, the Ministry of Labor, War Invalids and Social Affairs, the Commission for Population, Family and Children,

The Ministry of Justice hereby guides the implementation of a number of articles of the Government’s Decree No. 68/2002/ND-CP dated July 10, 2002 detailing the implementation of a number of articles of the Law on Marriage and Family concerning marriage and family relations involving foreign elements as follows:

I. GENERAL PROVISIONS

1. Scope and objects of application

1.1. Under the provisions in Articles 1 and 79 of the Government Decree No.68/2002/ND-CP dated July 10, 2002 detailing the implementation of a number of articles of the Law on Marriage and Family on marriage and family relations involving foreign elements (hereinafter called the Decree), the marriage, the recognition of fathers, mothers or children and the child adoption between Vietnamese citizens and foreigners, between foreigners permanently residing in Vietnam, and between Vietnamese citizens either or both of them settle down overseas, must comply with the Decree and this Circular.

The Decree and this Circular shall also apply to the marriage between foreigners either or both of whom does or do not reside in Vietnam, if they so request, and the child adoption between foreigners where the adoptees are stateless children permanently residing in Vietnam.

1.2. Under the provisions in Article 2, 3 and 4 of the 1998 Law on Vietnamese Nationality, "Vietnamese citizens settling down overseas" are persons who bear the Vietnamese nationality, permanently reside and earn their living overseas, regardless of whether such persons bear foreign nationalities or not.

Vietnamese citizens who temporarily reside overseas for given periods of time (for official missions, study, labor ) or are not allowed by foreign countries to reside there upon the expiry of their temporary residence overseas shall not be considered "settling down" overseas (hereinafter referred to as Vietnamese citizens temporarily residing overseas). The marriage, the recognition of fathers, mothers or children, the child adoption between Vietnamese citizens temporarily residing overseas or between such people and Vietnamese citizens permanently residing in the country shall comply with law provisions on civil status registration and shall not be governed by the Decree and this Circular.

2. Consular legalization, exemption of consular legalization, notarization, exemption of notarization for foreign papers:

Under the provisions in Articles 4, 6 and 67 of the Decree, the consular legalization, the exemption of consular legalization, the notarization and the exemption of notarization for foreign papers to be used for the marriage, the recognition of fathers, mothers or children and the child adoption, which involve foreign elements, shall be effected as follows:

2.1. In principle, the papers which are issued by foreign agencies or organizations, notarized or certified overseas for use for the marriage, recognition of fathers, mothers or children or child adoption involving foreign elements before the competent agencies of Vietnam must be consularly legalized. The consular legalization means the certification as true of signatures and seals on foreign papers for use in Vietnam. This certification shall be made by the Consular Department (the Ministry of Foreign Affairs), the Diplomatic Service of Ho Chi Minh City, the diplomatic missions, consulates or other Vietnamese agencies which are authorized to perform the consular function overseas. The procedures for consular legalization shall comply with Circular No.01/1999/TT-BNG dated June 3, 1999 of the Minister of Foreign Affairs, prescribing the procedures for legalization of papers, documents.

The exemption of consular legalization shall apply to:

- Papers of competent agencies or organizations of countries which have signed with Vietnam international agreements stipulating the exemption of consular legalization for each other's papers, documents ( the list of countries which have signed international agreements with Vietnam is enclosed with this Circular and updated by the Ministry of Justice when there is any change);

- Papers issued by foreign diplomatic missions and consulates in Vietnam to citizens of those countries for use in Vietnam, on the principle of reciprocity ( the list of these countries is enclosed with this Circular and updated by the Ministry of Justice upon any changes notified by the Ministry of Foreign Affairs);

- Papers issued by competent agencies or organizations of the People's Republic of China, the Lao People's Democratic Republic or the Kingdom of Cambodia (hereinafter called neighboring countries) to their citizens permanently residing in areas bordering on Vietnam, to be used for marriage, recognition of fathers, mothers or children and child adoption with Vietnamese citizens permanently residing in areas bordering on those countries.

2.2. Papers in foreign languages, before being submitted to competent State agencies of Vietnam, must be translated into Vietnamese; the translations thereof must be notarized under the provisions of Vietnamese law, except for papers issued by competent agencies or organizations of neighboring countries to their citizens permanently residing in areas bordering on Vietnam for use for marriage, recognition of fathers, mothers or children and child adoption with Vietnamese citizens permanently residing in areas bordering on those countries, which only need to be translated into Vietnamese with the translators’ written commitment on the correct translation of the contents in such foreign languages, without needing to have the translations notarized.

Particularly the translations into Vietnamese of papers in the dossiers of adoption of Vietnamese children by foreigners permanently residing in the countries which have signed or acceded to the international agreements on child adoption cooperation with Vietnam shall be notarized at Vietnamese diplomatic missions or consulates in those countries.

3. The validity duration of papers:

The 6 month-validity duration of papers prescribed at Points a and b of Clause 1, Article 13, Points d and e of Clause 1 of Article 41 and Point b of Clause 1 of Article 69 of the Decree is counted from the dates of issuing such papers to the dates of submitting the dossiers at the provincial/municipal Justice Services (for the marriage) or the International Child Adoption Agency of Vietnam under the Ministry of Justice (hereinafter called the International Child Adoption Agency) (for the application for child adoption).

4. Responsibility of the provincial/municipal Justice Services:

Under the provisions in Clause 2, Article 76 of the Decree, the provincial/municipal Justice Services shall assist the provincial-level People’s Committees in exercising the State management over the marriage and family relations involving foreign elements; receive dossiers (except child adoption dossiers to be received by the International Child Adoption Agency), collect fees, study and scrutinize the dossiers and propose comments to the provincial-level People’s Committees for settlement of each specific case, and have other specific tasks and powers as provided for by the Decree.

For the marriage, recognition of fathers, mothers or children and child adoption in border regions, the provincial/municipal Justice Services shall examine, consider and give comments on each specific case for decision by the commune-level People’s Committees in the border regions.

5. Granting copies of civil status papers:

After recording in the civil status registration books the marriage, recognition of fathers, mothers or children and/or child adoption, for which the involved persons request the granting of copies of marriage certificates, decisions permitting the recognition of fathers, mothers or children or decisions permitting the child adoption, the provincial/municipal Justice Services shall base themselves on the original books to grant the copies to the involved persons, which shall be signed and stamped by the directors of the provincial/municipal Justice Services or their authorized persons.

6. Reporting and statistical responsibility:

The provincial/municipal Justice Services shall have to strictly abide by the regulations on sending biannual and annual reports and statistics to the Ministry of Justice and the provincial-level People’s Committees on the situation of settling the marriage, recognition of fathers, mothers and/or children and the child adoption, which involve foreign elements (according to forms set by the Ministry of Justice).

The statistical figures enclosed with the biannual reports shall be calculated from January 1 to the end of June 30; the statistical figures enclosed with the annual reports shall be calculated from January 1 to the end of December 31 of that year. The biannual reports must be sent before July 31 and the annual reports must be sent before January 31 of the following year.

7. Inspection and examination:

The Ministry of Justice shall take initiative or coordinate with the concerned ministries and/or branches in conducting the inspection or examination of the situation of implementation of the Decree according to specialized functions, aiming to detect, redress and handle in time according to competence the violations in the registration of marriages, recognition of fathers, mothers or children and /or the child adoption, which involve foreign elements.

II. GUIDING A NUMBER OF PROVISIONS ON THE ORDER AND PROCEDURES FOR REGISTRATION OF MARRIAGES, RECOGNITION OF FATHERS, MOTHERS OR CHILDREN AND CHILD ADOPTION, WHICH INVOLVE FOREIGN ELEMENTS

1. Registration of marriages involving foreign elements.

1.1. Regarding a number of papers in the marriage registration dossiers:

1.1.1. Each partner must make a marriage registration declaration affixed with his/her photo (according to set form), which certification by the following competent agencies that at present he/she is unmarried:

- For Vietnamese citizens permanently residing in the country, the competent agencies prescribed by the legislation on civil status registration shall give certification.

- For Vietnamese citizens settling down overseas, the competent agencies of the countries where such people have settled down or diplomatic missions or consulates of Vietnam in those countries shall give the certification.

- For foreigners permanently residing overseas, the competent agencies of the countries of which such persons bear the nationality and where such persons permanently reside shall give the certification. If foreign laws do not prescribe the certification in the marriage registration declarations or the granting of papers certifying the marital status, such persons' written oaths that at present they are unmarried can be used instead; the form of oath taking must conform to the laws of those countries.

- For foreigners permanently residing in Vietnam, the certification shall be made by the commune-level People's Committees of the localities where such people permanently reside.

1.1.2. Papers certifying that the involved persons do not suffer from mental diseases or have suffered from mental diseases but not to the extent of losing their capacity to perceive their acts, granted by Vietnamese psychiatric organizations of the provincial or higher level or by foreign psychiatric organizations in foreign countries where such person permanently reside.

1.1.3. In cases where Vietnamese citizens have been given decisions on their divorces (with Vietnamese or foreign spouses) by foreign courts or other competent agencies, they shall have to fill in the procedures for making annotations in the books at the provincial/municipal Justice Services and submit the Justice Services’ written certifications of the annotation of such divorce judgments or decisions (if annotation is made elsewhere); if the divorces are conducted at Vietnamese courts, the copies or extracts of the divorce judgments which have already taken legal effect shall be submitted. The marriages and divorces overseas between foreigners require no annotation of the marriage but only the submission of the copies of the divorce judgments or decisions, which have already taken legal effect; if the marriages between foreigners or between foreigners and Vietnamese citizens are carried out in Vietnam while their divorces are carried out overseas, the annotation procedures must be carried out.

The procedures for annotation of divorce judgments or decisions, mentioned at this point, shall be carried out according to the law provisions on civil status registration.

1.1.4. In cases where the involved persons’ spouses have died, the death certificates must be submitted.

1.2. Regarding the procedures for submitting the dossiers of marriage:

Under the provisions in Article 14 of the Decree, in principle, when submitting the dossiers of application for marriage registration, both marriage partners must be present. In cases where either partner cannot be present to personally submit the dossiers due to illness, diseases, busy work schedule or for other plausible reasons, there must be his/her letter of authorization for the other partner to submit the dossiers instead, clearly stating the reasons for his/her absence; the letter of authorization must be lawfully authenticated.

1.3. Regarding the order of settling the marriage dossiers:

Under the provisions in Article 16 of the Decree, the provincial/municipal Justice Services shall have to assist the provincial-level People’s Committees in receiving, studying and verifying the dossiers, proposing the marriage registration or refusing the marriage registration and take care of the marriage dossiers.

For the order of settling the marriage registration, attention should be paid to a number of following questions:

1.3.1. Regarding the posting up of marriage: The posting up of marriage shall be effected for 7 consecutive days at the offices of the provincial/municipal Justice Services and the commune-level People’s Committees of the localities where the Vietnamese citizens permanently or temporarily reside or where the foreigners permanently reside. The posted document on a marriage must contain information on both marriage partners such as their full names, sexes, birth dates, places of permanent and/or temporary residence, marital status (married, divorced or widowed), the expected date of marriage registration (if there is no complaint or denunciation that such marriage is unlawful).

In case of complaints or denunciation about the marriages, the commune-level People’s Committees shall have to immediately report such in writing to the provincial/municipal Justice Services. If there is no complaint or denunciation about the marriages, the commune-level People’s Committees shall not have to report to the provincial/municipal Justice Services on the results of the posting up.

1.3.2 In the process of verifying the marriage registration dossiers, if there is no complaint nor denunciation that the marriage is unlawful or the marriage is a sham (not for the purpose of forming a family, but only for the purposes of exit overseas), the provincial/municipal Justice Services shall verify or request the involved persons to come to their offices for interview and clarification.

In case of doubts that the marriage dossiers contain forged papers or that matters should be verified, which fall within the function of the police agencies, the provincial/municipal Justice Services shall send written official dispatches enclosed with 01 set of marriage dossier to the police agencies of the same level, requesting the verification thereof. Under the provisions in Clause 2, Article 16 of the Decree, the police agencies shall proceed with the verification and reply the provincial/municipal Justice Services within 20 days as from the date of receiving the written requests of the latter. If such time limit expires but the police agencies fail to give their written replies, the provincial/municipal Justice Services still propose their opinions to the provincial-level People’s Committee presidents for consideration and decision, clearly stating the matters already raised to the policy agencies for verification.

1.3.3. In cases where the provincial-level People’s Committees refuse to make the marriage registration, they must notify the involved persons thereof in writing, clearly stating the reasons therefor. The involved persons shall not be refunded the marriage registration fees.

1.4. On organizing marriage registration ceremonies:

The marriage registration ceremonies are conducted in accordance with the provisions in Article 17 of the Decree. When a marriage registration ceremony is organized, both marriage partners must be present, produce their identity cards, passports or valid substitute papers (such as laisser-passers or personal papers affixed with their photos) and express by themselves their will for voluntary marriage, signing in the marriage registers and the marriage certificates.

In cases where they cannot be present on the appointment time due to illness, diseases, busy work schedule or other plausible reasons, the involved persons must file their applications, which need not to be certified, to the provincial/municipal Justice Services, requesting the postponement of their marriage registration. The postponement duration must not exceed 90 days as from the date the provincial-level People’s Committee presidents sign the marriage certificates. If past such time limit the marriage registration ceremony still cannot be organized due to the involved persons’ absence, the provincial/municipal Justice Services shall have to report such in writing to the provincial-level People’s Committees. If later the involved persons request the organization of the marriage registration ceremony, they must restart from the beginning with the papers according to the procedures for marriage registration.

2. Recognition of fathers, mothers and/or children, which involves foreign elements

2.1. On conditions for recognition of fathers, mothers and/or children:

Under the provisions in Article 28 of the Decree, the provincial/municipal Justice Services shall only receive the applications for recognition of fathers, mothers and/or children if the recognizers and the recognizes are still alive by the time of filing the applications, voluntarily agree thereon and see no disputes; if in the course of settling the dossiers either party dies and there is no dispute, the recognition of fathers, mothers and/or children shall continue to be settled; if both parties die, the provincial/municipal Justice Services shall stop the settlement of the recognition of fathers, mothers and/or children.

If in the course of dossier processing there arise disputes between the recognizers and the recognizes being fathers, mothers, children, or the third persons, the provincial/municipal Justice Services shall suspend the settlement thereof and guide the involved parties to file their applications requesting the provincial-level people's courts to settle the cases according to legal proceedings.

2.2. On the orders and procedures for settlement of the recognition of fathers, mothers and/or children:

Under the provisions in Articles 30 and 32 of the Decree, attention should be paid to a number of following matters:

2.2.1. In cases where the recognizers have papers, documents and/or evidences to prove they are fathers, mothers or children of the recognees (such as mails, films, photos, video tapes and/or discs, medical expertise results’), they shall submit such papers, documents and/or evidences together with the applications for recognition of fathers, mothers and/or children; in case of non-availability of such papers, documents and/or evidences, the provincial/municipal Justice Services shall still consider and settle the cases (if the dossiers are complete and valid).

In cases where children have not yet made the birth registration, it can be allowed to combine the settlement of recognition of fathers, mothers and/or children first with the birth registration later.

2.2.2. On the procedures for posting up the recognition of fathers, mothers and/or children: Such posting up shall be effected for 15 consecutive days at the offices of the provincial/municipal Justice Services and the offices of the commune-level People's Committees of the localities where the recognizees permanently reside.

The posted documents must contain information on the recognizers and the recognizees such as their full names, sexes, birth dates, places of permanent residence, the serial numbers of their identity cards or passports, the expected time of registration of the recognition of fathers, mothers and/or children (if there are no complaints and/or denunciations thereabout).

If within the posting-up duration there are complaints and/or denunciations about the recognition of fathers, mothers and/or children, the commune-level People's Committees shall have to report such in writing to the provincial/municipal Justice Services; if there are no complaints and/or denunciations thereabout, the commune-level People's Committees shall not have to report to the provincial/municipal Justice Services on the posting-up results.

2.2.3. The decisions permitting the father, mother and/or child recognition shall be valid after they are handed to the involved persons and recorded into the registers.

2.2.4. In case of refusal or suspension to settle the recognition of fathers, mothers and/or children, the involved persons shall not be refunded with fees.

3. Registration of child adoption involving foreign elements:

3.1. Under the provisions in Clause 2, Article 35 of the Decree, in principle, the adoption of Vietnamese children by foreigners (hereinafter called the adopters) shall be settled only if such foreigners permanently reside in the countries which have signed with Vietnam, or acceded together with Vietnam, to the international agreements on child adoption cooperation ( the list of those countries is attached to this Circular and updated by the Ministry of Justice upon any changes). For exceptional cases where foreigners reside in countries which have not yet signed with Vietnam, or acceded together with Vietnam to, international agreements on child adoption cooperation and apply for adoption of Vietnamese children, their adoption shall be considered and settled if the following children living in families are asked for by names:

- Orphans or motherless (or fatherless) children while their other parents are unidentified;

- Disabled children;

- Children having blood or close ties with the adopters.

Blood ties are the ties between aunts or uncles and nephews or nieces (either on the paternal or maternal side); close ties are the ties between the stepfathers and their stepchildren or between the stepmothers and their stepchildren.

Persons who apply to adopt orphans or disabled children mentioned at this Point but have no blood or close ties with such children must have lived, worked, studied or labored in Vietnam for at least 6 months.

3.2. Regarding the procedures for submitting child adoption dossiers:

Under the provisions in Clause 2, Article 41 of the Decree, the child adoption dossiers must be submitted at the International Child Adoption Agency through diplomatic channels or the concerned foreign child adoption organizations licensed to operate in Vietnam (hereinafter called foreign child-adoption offices).

The child adoption dossiers of persons who permanently reside in countries which have not yet signed with Vietnam, or acceded together with Vietnam to, international agreements on child adoption cooperation must be submitted at the International Child Adoption Agency directly by the persons who apply for the adoption.

3.3. Regarding the order of recommending children for adoption:

3.3.1. The recommendation of children for adoption under the provisions in Article 51 of the Decree shall be effected only for cases where the adopters permanently reside in countries which have signed with Vietnam, or acceded together with Vietnam to, international agreements on child adoption cooperation. For these cases, only children living in fostering establishments are recommended for adoption; children living in families shall not be recommended.

3.3.2. After receiving the dossiers and basing itself on the aspirations of the adopters (adopting children in which provinces or cities), the International Child Adoption Agency shall send official dispatches together with the copies of the applications and contents of the extracted dossiers of the adoption applicants to the provincial/municipal Justice Services so that the Justice Services shall guide the fostering establishments to recommend children who meets the conditions prescribed by law and suit the aspirations of the adoption applicants, for adoption.

In cases where the adoption applicants fail to clearly express their wish to adopt children in which provinces or cities, the International Child Adoption Agency shall send official dispatches to the provincial/municipal Justice Services of the localities where exist the fostering establishments which are capable of recommending children, effecting such recommendations.

3.3.3. Under the provisions in Clause 2, Article 51 of the Decree, the fostering establishments can only recommend children who are living in their respective fostering establishments for adoption.

In cases where there are no children who meet the conditions and suit the aspirations of the adoption applicants, the heads of the fostering establishments shall, within 7 days after receiving the requests of the provincial/municipal Justice Services, have to reply the Justice Services in writing so that the later report such to the International Child Adoption Agency.

Where children who meet the conditions and suit the aspirations of the adoption applicants are identified, the heads of the fostering establishments shall have to reply the provincial/municipal Justice Services in writing so that the latter report thereon to the International Child Adoption Agency. The written replies of the fostering establishments shall contain information on the children recommended for adoption such as their full names, sexes, birth dates, ethnicity, nationality, residence places, birth places (in cases of infants), native place (if clearly known); the full names of their fathers, mothers (if clearly known); health conditions (height, weight,…); possibility of being adopted; special demands and hobbies of children (if any); other information on children (orphaned, abandoned, disabled …). The documents shall be enclosed with two photos (9cm x 12cm or 10cm x 15cm) of the children.

3.3.4. Under the provisions in Clause 3, Article 51 of the Decree, in cases where children who meet conditions and suit the aspirations of the adoption applicants can be identified, the International Child Adoption Agency shall notify the adoption applicants in writing (through the International Child Adoption Agencies of those countries or foreign child-adoption offices) thereof. The written notification must clearly state the time for the adoption applicants to reply whether or not to agree on the children recommended for adoption.

3.3.5. Under the provisions in Clause 4, Article 51 of the Decree, where the adoption applicants agree to adopt the recommended children, the International Child Adoption Agency shall send official dispatches to the concerned provincial/municipal Justice Services for the latter to guide the fostering establishments to compile dossiers on children. The heads of the fostering establishments shall have to compile the children’s dossiers comprising papers prescribed in Article 44 of the Decree.

Where the adoption applicants refuse to adopt the recommended children, the International Child Adoption Agency shall send official dispatches to the provincial/municipal Justice Services for the latter to notify the fostering establishments thereof for recommending other persons. If the adoption applicants wish to adopt other children, their dossiers shall only be considered and settled after 12 months as from the dates they have refused to adopt the recommended children.

3.4. Regarding the order and procedures for settling dossiers of application for child adoption:

3.4.1. Under the provisions in Articles 45 thru 49 of the Decree, the provincial/municipal Justice Services shall assist the provincial-level People's Committees in verifying and taking responsibility for all the dossiers on to be- adopted children, ensuring the time schedules for settling the dossiers as prescribed.

If deeming that the dossiers on children contain all necessary papers as prescribed in Article 44 of the Decree, that all papers are valid, the children's origins are clear and the children meets the conditions for adoption, the provincial/municipal Justice Services shall send the reports thereon to the International Child Adoption Agency, enclosed with 01 set of dossiers on the children.

In cases where they deem that the children's origins are not clear or doubt that the dossiers contain forged papers or that there are signs of trafficking, fraudulently exchanging or kidnapping children for adoption, the provincial/municipal Justice Services shall send official dispatches ( enclosed with 01 set of dossiers on children) to the police agencies of the same level, requesting the verification thereof. Under the provisions in Clause 2, Article 45 of the Decree, the police agencies shall have to make the verification and reply the provincial/municipal Justice Services within 30 days as from the dates of receiving the written requests of the Justice Services. If past this time limit the police agencies still fail to make the written replies, the provincial/municipal Justice Services shall still send the reports, enclosed with 01 set of dossiers, to the International Child Adoption Agency for consideration. The reports must clearly state the issues requested for verification by the police agencies.

3.4.2. Under the provisions in Article 46 of the Decree, the International Child Adoption Agency shall have to examine the entire dossiers on the children. If the dossiers are incomplete or invalid, it shall have to send official dispatches to the provincial/municipal Justice Services for notifying such to the heads of the fostering establishments or the parents or guardians of the children for supplementation and completion thereof; the official dispatches must clearly state the deadlines for supplementing and completing the dossiers.

Where the dossiers on children are valid and complete with all papers prescribed in Article 44 of the Decree, the International Child Adoption Agency shall send official dispatches , together with 01 set of dossiers on the adoption applicants, to the provincial/municipal Justice Services (without returning the dossiers on children). The official dispatches of the International Child Adoption Agency must clearly state its opinions on the child adoption.

3.4.3. Under the provisions in Clause 1, Article 47 of the Decree, within 7 days as from the date of receiving the written replies of the International Child Adoption Agency together with 01 set of dossiers on the adoption applicants, the provincial/municipal Justice Services shall have to send notices to the adoption applicants (through foreign child adoption offices) so that they shall come to Vietnam to complete the procedures for child adoption; the notices must clearly state the deadlines for the adoption applicants to be present in Vietnam.

3.4.4. Under the provisions in Clause 2 and 3, Article 7 of the Decree, the provincial/municipal Justice Services shall collect the child adoption registration fees to be paid by the adoption applicants or authorized organizations, and at the same time guide the adoption applicants to make the written commitments (according to set form) in 4 originals. After the adoption applicants complete all procedures, the provincial/municipal Justice Services shall make and submit the reports on verification results and propose the settlement of child adoption by foreigners to the provincial-level People’s Committees for consideration and decision, enclosed with 01 set of dossiers on the children and 01 set of dossiers on the adoption applicants.

3.4.5. Under the provisions in Articles 48 and 49 of the Decree, the hand-over and reception of adopted children shall be carried out only after the provincial-level People’s Committees presidents issue decisions permitting the adoption of Vietnamese children, the adoption applicants are present in Vietnam to personally receive the adopted children, and the persons defined in Clause 2, Article 49 of the Decree must be present. If the adoption applicants are unable to be present in Vietnam to receive the adopted children for objective reasons (illness, disease, busy work schedule,…), the hand-over and reception must be postponed. In cases where both the husband and the wife apply for child adoption while either of them is unable to be present in Vietnam for objective reasons, there must be the latter of authorization of the other person; the letter of authorization must be certified by a competent agency of that country. Where the child handers are natural parents and, for objective reasons, either of them can not be present, there must be also a letter of authorization of the other person; the authorization letters must be certified by the commune-level People’s Committees of the localities where such persons reside.

The representatives of foreign child-adoption offices may attend the adopted children hand-over and reception ceremonies as witnesses; they are absolutely not permitted to receive children in the capacity as the recipients.

The minutes on hand-over and reception of adopted children must be signed by the recipients, the handers, the representatives of the provincial/municipal Justice Services and affixed with the stamps of the Justice Services.

3.4.6. Within 7 days after the hand-over and reception of adopted children, the provincial/municipal Justice Services shall have to send to the International Child Adoption Agency all the necessary papers prescribed in Clause 6, Article 49 of the Decree.

4. Registration of marriage, father, mother and/or child recognition, involving foreign elements in border regions

While registering the marriages, the recognition of fathers, mothers and/or children, which involve foreign elements in border regions, attention should be paid to the following points:

4.1. Regarding the scope and objects of application:

The provisions in Chapter V of the Decree only apply to the registration of marriages, the recognition of fathers, mothers and/or children between Vietnamese citizens permanently residing in Vietnamese border communes, wards or district towns and citizens of neighboring countries who permanently reside in areas bordering on Vietnam ( the list of border communes, wards, district towns, issued together with Circular No.179/2002/TT-BQP dated January 22, 2001 of the Ministry of Defense, is enclosed with this Circular).

The marriage and recognition of fathers, mothers and/or children between Vietnamese citizens permanently residing in Vietnamese border regions and neighboring countries' citizens not permanently residing in areas bordering on Vietnam or between Vietnamese citizens not permanently residing in Vietnamese border regions and neighboring countries' citizens permanently residing in areas bordering on Vietnam shall not fall within the scope and objects of regulation of Chapter V of the Decree.

4.2. Regarding the order and procedures for registration of marriages, father, mother and/or child recognition, and child adoption:

4.2.1. The marriage registration declaration, the application for father, mother and/or children recognition, the application for child adoption shall comply with the forms set for Vietnamese citizens in the country in accordance with law provisions on civil status registration.

4.2.2. The procedures for and contents of posting up of marriages, recognition of fathers, mothers and/or children shall be effected like the posting up of the registration of marriage, recognition of fathers, mothers and/or children between Vietnamese citizens in the country under the law provisions on civil status registration.

Particularly the contents of posted documents on child adoption involving foreign elements in border regions must include information on the adoption applicants and the to be- adopted children such as their full names, sexes, birth dates (age), ethnicity, nationality, residence places, occupations, expected time for child adoption registration.

4.2.3. The marriage certificates, the decisions permitting the father, mother and/or child recognition and the decisions permitting child adoption shall comply with the common forms set for Vietnamese citizens in the country under the law provisions on civil status registration.

III. IMPLEMENTATION PROVISIONS

1. This Circular takes effect as from January 2, 2003.

2. Where the international agreements which the Socialist Republic of Vietnam has signed or acceded to contain provisions different from those of this Circular, the provisions of such international agreements shall apply.

3. Basing themselves on the Decree, this Circular and the practical situation in their respective localities, the provincial/municipal Justice Services shall draft the decisions of the provincial-level People's Committees for submission to the provincial-level People's Committee presidents to promulgate the Regulation on Coordination between the provincial/municipal Justice Services and the provincial/municipal Police Departments, Labor, War Invalid and Social Affairs Services as well as local services, committees and branches in order to well implement the provisions of the Decree and this Circular.

4. If any problems or new issues arise in the course of implementation, the provincial-level People's Committees and Justice Services shall send official dispatches to the Ministry of Justice for timely guidance.

LIST OF COUNTRIES WHICH EFFECT THE EXEMPTION OF CONSULAR LEGALIZATION FOR PAPERS AND DOCUMENTS WITH VIETNAM
(Issued together with the Justice Ministry's Circular No.07/2002/TT-BTP dated December 16, 2002)

The country which has signed with Vietnam the agreement on child adoption cooperation:

The Republic of France (signed on February 1, 2000)

Countries which have signed with Vietnam the agreements on legal assistance:

1. The Soviet Union (former), now the Russian Federation has inherited the agreement (signed on December 10, 1981).

2. Czechoslovakia (former), now the Czech Republic and the Slovakian Republic inherit the agreement (signed on October 12, 1982).

3. The Republic of Cuba (signed on November 30, 1984.)

4. Hungary (signed on January 18, 1985).

5. Bulgaria (signed on October 3, 1986).

6. Poland (signed on March 22, 1993).

7. The Lao People's Democratic Republic (signed on July 6, 1998).

8. The Russian Federation (signed on August 25, 1998).

9. The People's Republic of China (signed on October 19, 1998).

10. The Republic of France (signed on February 24, 1999).

11. Ukraine (signed on April 6, 2000).

12. Mongolia (signed on April 17, 2000).

13. Belarus (signed on September 14, 2000).

14. The People's Democratic Republic of Korea (signed on May 4, 2002).

Countries which have signed consular agreements with Vietnam (as notified in Official Dispatch No.2630/LS-VP dated November 15, 2002 of the Ministry of Foreign Affairs):

1. The Republic of Poland.

2. The Republic of Bulgaria.

3. The Republic of Cuba.

4. The Republic of Hungary.

5. The Republic of Iraq.

6. Mongolia.

7. The Russian Federation.

8. Romania.

9. The Czech Republic.

10. The People’s Republic of China.

11. Ukraine.

12. The Slovakian Republic.

The countries which have applied the principle of reciprocity with Vietnam (as notified in Official Dispatch No. 2630/LS-VP dated November 15, 2002 of the Ministry of Foreign Affairs):

1. The Arab Republic of Egypt.

2. The Kingdom of Belgium.

3. Canada.

4. The Kingdom of Cambodia.

5. The Federal Republic of Germany.

6. The Islamic Republic of Iran.

7. The Republic of South Africa.

8. Japan.

9. The Republic of France.

10. The Kingdom of Sweden.

11. The Swiss Federation.

THE LIST OF COUNTRIES HAVING SIGNED AGREEMENTS ON CHILD ADOPTION COOPERATION WITH VIETNAM
(Issued together with Circular No.07/2002/TT-BTP dated December 16, 2002 of the Ministry of Justice)

1. The Republic of France, signed on February 1, 2000.